Sec. 44. (a) Cremated remains may be retained by the person having legal control over the remains or may be disposed of in any of the following manners:

(1) Placing the remains in a grave, niche, or crypt.

Terms Used In Indiana Code 23-14-31-44

  • burial transit permit: means a permit for the transportation and disposition of a dead human body required under IC 16-37-3-10 or IC 16-37-3-12. See Indiana Code 23-14-31-5
  • cremated remains: means all human remains recovered after the completion of the cremation of a human body or body part, including the residue of any foreign materials, nonmetallic casket material, dental work, or eyeglasses that were cremated with the human remains but excluding any prosthetic or medical device. See Indiana Code 23-14-31-7
  • human remains: means the body or a part of the body of an individual, including human remains that have been cremated. See Indiana Code 23-14-31-16
  • niche: means a space in a columbarium that is used or intended to be used for the interment of cremated human remains of one (1) or more deceased individuals. See Indiana Code 23-14-31-17
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • scattering: means the final disposition of cremated human remains under section 44(a)(3) of this chapter. See Indiana Code 23-14-31-18
(2) Scattering the remains in a scattering area.

(3) Disposing of the remains in any manner if:

(A) the remains are reduced to a particle size of one-eighth (1/8) inch or less; and

(B) the disposal is made on the property of a consenting owner, on uninhabited public land, or on a waterway.

     (b) The Indiana department of health shall adopt forms for recording the following information concerning the disposal of cremated human remains on the property of a consenting owner:

(1) The date and manner of the disposal of the remains.

(2) The legal description of the property where the remains were disposed of.

The owner of the property where the cremated remains were disposed of and the person having legal control over the remains shall attest to the accuracy of the information supplied on the forms. The owner of the property where the cremated remains were disposed of shall record the forms with the county recorder of the county in which the property is located and shall return the form and the burial transit permit described in IC 16-37-3, within ten (10) days after the remains are disposed of.

As added by P.L.231-1995, SEC.2. Amended by P.L.56-2023, SEC.208.

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